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Global Perspectives on Construction Law (LAWS70450)
Graduate coursework level 7Points: 12.5Not available in 2019
Overview
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A distinguishing characteristic of international construction projects is the challenging environment in which they often proceed. Where there are stakeholders from several different countries, the challenges can be cultural, economic, legal, physical, political and technical. A number of troublesome issues repeatedly manifest themselves on projects around the world. By understanding how these issues affect projects, participants might not only gain a commercial advantage, but also avoid costly disputes. This subject seeks to explore these troublesome issues from a commercial and industry-focused point of view.
Paul Tracey has 30 years of international experience acting as a commercial manager and expert witness. Brodie McAdam is a solicitor and Program Leader of the Construction Law and Practice Masters at the University of Salford.
Within a comparative common law context emphasising the Middle East, the United Kingdom and other jurisdictions, this subject examines the legal and non-legal issues that operate as external constraints on construction projects.
Principal topics include:
- Contract formation and typical contractual arrangements in practice on international construction projects
- The approach to sanctity of contract around the world
- Commercial risk management on international construction projects, including unforeseen or latent conditions, caps on liability, consequential loss, force majeure, choice of law and dispute resolution mechanisms
- Managing time, cost and quality risk on international construction projects using contractual mechanisms, including the approach adopted in various countries to calls on performance bonds, and valuation of variations
- Preparing prolongation and disruption claims on international construction projects
- The role of the engineer or contract administrator
- Liquidated damages for delay and performance
- The influence of national culture on the preparation, evaluation and negotiation of time and money claims on international construction projects in the Middle East.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding in a comparative context of the aims and methods of the law as it particularly applies to the delivery of international construction projects
- Have a detailed understanding of the cultural, economic, legal, physical, political and technical issues that commonly affect international construction projects
- Be able to deal at an advanced level with some of the major points of distinction in construction law and practice in jurisdictions including parts of the Middle East, and the United Kingdom
- Have a subtle appreciation of comparative legal and non-legal approaches to contractual claims
- Have the technical skills to independently examine, research and analyse comparative approaches to construction law
- Be able to contribute meaningfully to ongoing debates about optimal ways of dealing with these matters at a policy level.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Not available to JD Students in 2018. Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (21 - 24 September)
or - Research paper (8,000 - 10,000 words) (100%) (7 November) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2019
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Construction Law Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Construction Law Course Graduate Diploma in Legal Studies - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022